MD SAHAB UDDIN Vs. STATE

JUDGEMENT

(1.) Heard Mr. B. Chakraborty, learned counsel appearing for and on behalf of the accused/appellant as well as Mr. D. Das, learned Addl. P.P., Assam, representing the State/respondent.

(2.) The prosecution case in brief is that on 29.07.2003, at about 7:45 P.M., one Maruti Van bearing Regn. No.AS-10/4143 was stopped by the police personnel at Hospital Road Tri Junction at R.K. Nagar and in the said vehicle accused Abdul Fattah, Sahab Uddin and Monjurul Hoque were found along with one factory made SBBL gun, one factory made revolver, four nos. of live cartridge, three nos. of bhujali, one knife and one piece of wire etc. On enquiry, the accused persons stated that they were proceeding towards Lala for committing dacoity. Stating all the above, Mr. Kanak Kanti Bhattacharjee, S.I. of Police of R.K. Nagar P.S., filed an ejahar and accordingly the R.K. Nagar P.S. Case No.56/2003 was registered, u/s.399 IPC, read with Section 25(1-B)(a) of the Arms Act. The police started investigation and during the course of investigation, the recovered arms and ammunitions, which were already seized, sent for expert opinion. The I.O. recorded the statement of the witnesses u/s.161 CrPC and also produced some witnesses before the Magistrate for recording their statement u/s.164 CrPC. After completion of the investigation, the I.O. filed charge sheet against all the three accused persons, named above, u/s. 399 IPC, read with Section 25(1-B)(a) of the Arms Act.

(3.) The case was committed by the learned CJM, Karimganj for trial before the learned Sessions Judge, Karimganj, as the offences were exclusively triable by the Court of Sessions and accordingly the Sessions Case No.33/2009 was registered. The charges were framed and explained to the accused persons, to which they pleaded not guilty and claimed to be tried.